ILR application - with alleged motoring offence

[prvnrk]

This is my first post here so, any mistakes please forgive me.

I'm a Indian national and came here to UK on July 2009 (on Tier 2 intra company transfer visa which was valid until July 2010) and staying since then. I later applied for Tier 1 general visa from UK itself which I received in May and was initially valid for 2 yrs (i.e from May 2010 until May 2012) and then I extended my visa again, hence my current Tier 1 General visa is valid until May 2015.

About my family:
My husband (aged: 37 yrs) and daughter (aged: 8 yrs) came from India to UK on tier 1 general dependant visa on Dec 2010. Since then they are staying with me here in UK. Their Tier 1 dependant visa is also valid until May 2015.

New additions:
I gave a birth to my son here in London in February 2014. I've done birth registration in London. I've applied for Indian birth registration and Indian passport as well for him and received the same. However I've not applied for any visa yet for my new born son. I'm not sure whether the visa is required at this stage or not if we do not have any plans to visit india in next 1 year.

Travel per year:
I've not been outside of UK for more than 50 days per year in last 5 years
My family members have been living with me since Dec 2010 and have not been outside of UK for more than 25 days in a year since Dec 2010 until today.

My queries:
1. First time I came to UK on 12th July 2009. I'm planning to apply on 17th June or later. Am I eligible to apply for ILR?
2. Do I need to apply for ILR for my new born son as well? He has already got Indian Birth certificate and Indian Passport. Can we directly apply for british citizenship for my son after my ILR? or should I wait until 1 year after my ILR when I am eligible for british citizenship?
2. Can my family members husband, daughter and son (optionally) apply along with me in the same application form all of us together?
3. Can my family members husband, daughter and son (optionally) apply later via post after my ILR application is successful? If yes, can they do it immediately after I receive ILR?
4. I've sufficient funds each year and using point based system I'm able to claim 100 points for attributes, 10 for english language and 10 for maintenance. Is it fine?
5. I've recently received a form 963 from Met police for motoring (road traffic) alleged offence regarding failing to stop or report an incident to police and identification of the driver. The case is not yet closed or proven nor I've received any summons yet. Can I still apply for ILR or will that cause any issue with my application. Even though the court is NOT involved in this yet (as I didnt receive any summons), do I still need to mention about the form from Police in the application form (set(O))?

6. I was told that Birmingham UKBA office check the documents before taking standard application form fee. Is it true that this branch is different from others?

Appreciate any help!
Many thanks!!

[sudeepss]

1. yes you are eligible
2. Yes you have to as he already has Indian Passport. ( I may be wrong/ gurus please contradict)
3. yes all can apply in one form
4.yes you can apply alone and your dependents can apply later. Please note that PEO application if lucky is same day and postal is minimum 6 months to 1 year. You can also apply for your dependents in PEO later as well.
5. Yes it fine but not an necessity.
6. DO a CRB and PNC check done if there are no issues then it should be alright you will have to mention this in the form ( I may be wrong/ gurus please contradict)
7. UKBA solihull does not do that process. Now the system has changed. You need to do first payment when you book the appointment itself and take that receipt along with your application form. They have done this system so that there is no Payment delay's at PEO. Even i was told that Solihull peo follows that process it may have been 2-3 years ago. Anywaz Solihull guys are best

[prvnrk]

Thank you sudeepss for your quick answers.

2. Yes you have to as he already has Indian Passport. ( I may be wrong/ gurus please contradict)

Ok, I will await some guru's response here. Hope I will get ASAP

3. yes all can apply in one form

Do I need to take my dependants along with me?

4.yes you can apply alone and your dependents can apply later. Please note that PEO application if lucky is same day and postal is minimum 6 months to 1 year. You can also apply for your dependents in PEO later as well.

If I apply alone through premium services and my application is successful then,

a. Can I apply for my dependants next day immediately through premium services? (if slot is available) or should I wait till I get my ILR?
b. How long does it take for me to receive ILR if I application successful via Premium servies
c. Which form I should be using for my dependants if I apply their ILR separately? also, which option I need to choose while booking appointment online for premium services?

6. DO a CRB and PNC check done if there are no issues then it should be alright you will have to mention this in the form ( I may be wrong/ gurus please contradict)

Ok, I will await some guru's response here. Hope I will get ASAP

Thanks again!

[montysingh]

This is my first post here so, any mistakes please forgive me.

I'm a Indian national and came here to UK on July 2009 (on Tier 2 intra company transfer visa which was valid until July 2010) and staying since then. I later applied for Tier 1 general visa from UK itself which I received in May and was initially valid for 2 yrs (i.e from May 2010 until May 2012) and then I extended my visa again, hence my current Tier 1 General visa is valid until May 2015.

About my family:
My husband (aged: 37 yrs) and daughter (aged: 8 yrs) came from India to UK on tier 1 general dependant visa on Dec 2010. Since then they are staying with me here in UK. Their Tier 1 dependant visa is also valid until May 2015.

New additions:
I gave a birth to my son here in London in February 2014. I've done birth registration in London. I've applied for Indian birth registration and Indian passport as well for him and received the same. However I've not applied for any visa yet for my new born son. I'm not sure whether the visa is required at this stage or not if we do not have any plans to visit india in next 1 year.

Travel per year:
I've not been outside of UK for more than 50 days per year in last 5 years
My family members have been living with me since Dec 2010 and have not been outside of UK for more than 25 days in a year since Dec 2010 until today.

My queries:
1. First time I came to UK on 12th July 2009. I'm planning to apply on 17th June or later. Am I eligible to apply for ILR?
2. Do I need to apply for ILR for my new born son as well? He has already got Indian Birth certificate and Indian Passport. Can we directly apply for british citizenship for my son after my ILR? or should I wait until 1 year after my ILR when I am eligible for british citizenship?
2. Can my family members husband, daughter and son (optionally) apply along with me in the same application form all of us together?
3. Can my family members husband, daughter and son (optionally) apply later via post after my ILR application is successful? If yes, can they do it immediately after I receive ILR?
4. I've sufficient funds each year and using point based system I'm able to claim 100 points for attributes, 10 for english language and 10 for maintenance. Is it fine?
5. I've recently received a form 963 from Met police for motoring (road traffic) alleged offence regarding failing to stop or report an incident to police and identification of the driver. The case is not yet closed or proven nor I've received any summons yet. Can I still apply for ILR or will that cause any issue with my application. Even though the court is NOT involved in this yet (as I didnt receive any summons), do I still need to mention about the form from Police in the application form (set(O))?

6. I was told that Birmingham UKBA office check the documents before taking standard application form fee. Is it true that this branch is different from others?

Appreciate any help!
Many thanks!!

Hello mate
Regarding your point number 5, the offence will not be on your PNC or CRB as you have not been convicted yet, but i am not sure about the question 7.5 in the form. If you say no you will be lying in a way as you probably will be charged very soon once you provided court the details in the form you have received.

[prvnrk]

Thanks a lot montysingh for the good point about 7.5; I thought 7.5 has significance only if we received summons but yet to be trialed. In our case, we didn't receive the summons yet.

@Gurus - Please reply ASAP.

Thanks!

[prvnrk]

Hello again,

Due to the very expensive prices and other concerns, I decided to apply for ILR only for myself first and then only after success, I will apply for my dependants. Thanks to all who answered my queries and in addition, I've gone through many posts (especially FAQs) and got answers for my queries but there're still 3 queries I need gurus' reply

Dear Gurus (esp Amber), could you please reply to my below queries:

1. I've recently received a form 963 from Met police for motoring (road traffic) alleged offence regarding failing to stop or report an incident to police and identification of the driver. I did not receive any summons yet. What should I tick for question 7.5 (of set(O) form)? Also, do I need to mention about the MetPol letter info anywhere in the form and/or in the covering letter?

2. As my second kid (baby boy) born in UK and we got his UK & Indian birth cert and Indian PP from High commission of India. We actually have plans to apply for british citizenship directly for him after I get my ILR. Now that he has Indian Passport, do I need to apply for ILR for my son as well?

3. When I apply PBS dependent ILR for my husband and daughter, who would be main applicant in the set(O) form? Will it be myself or my husband? Its quite confusing as we don't need to fill in few sections for dependants; any link/info to guide on how to fill ILR set(O) for my PBS Tier 1 dependants is highly appreciated.

Many thanks and please help me ASAP as my application date is approaching very soon.

[Amber]

1. Unless you have been charged with an offence, then 7.5 wouldn’t be applicable.
2. A child born in the UK is entitled to register as British by virtue of s 1(3) BNA once either parent is settled.
3. The main applicant would be the adult dep.

[prvnrk]

1. Unless you have been charged with an offence, then 7.5 wouldn’t be applicable.

Thanks a lot Amber_ for your reply . One final query - should I include this info (about MetPol letter 963) in the section 8B of the set(O) form? Please advise.

[Amber]

That's up to you.

[montysingh]

Thanks a lot Amber_ for your reply . One final query - should I include this info (about MetPol letter 963) in the section 8B of the set(O) form? Please advise.[/quote]


Dear Prvnrk

with all due respect putting that information in the application form about 963 letter is like eating poison Ivy or getting in front of a raging bull while wearing red underwear. Do yourself a favour and dont even mention it anywhere near the 2 feet radius of your application form or in Peo appointment.

I hope you get your ILR soon unlike many of us unfrotunates.